Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1887-08-31


tax not being paid citation, as provided by
statute, was issued by the clerk of the dis
trtct court. requiring the company to show
cause why this tax should not be paid. This
proceeding was solely and exclusively in the
charge of Ramsey county's able county attor.
ney, Hon. J. J. Egan, and his efficient assis.
tant, N. D. Mum, Esq. Mr.. Egan consulted
With me at snch times as he saw fit; but. in
the conduct of the case, took no part what.
ever and never appeared In conrt, and my
name does not appear on the records of the
case as an attorney. This course was obvi-
ouslv and naturally taken by me, for two
reasons, viz: First, those gentleman needed
no assistance from me or any one else: they
were amply prepared and qualified to conduct
that or any other case. Second, the interest
OF tho state was not over one twenty.f1fth
part OF the entire tax claimed, while the in
terest of Ramsey county and the city of 81.
Paul was twenty-four twenty -afths. Thus,
assuming .as the gentleman claims that
$l,OO0,Oc0 was the amount OF tax due.
Ramsey county and the city of St. Paul would
have received $4,000.
Twas informed by Mr.. Egan that there was
no provision OF law BY which citation in q
personal property tax case could be served
on corporation having no once or of1cer in
this state, and that for that reason no judy
ment could be obtained, nor could this con-
struction company be brought into court un.
til the law was amended. On examining the
statute became convinced that he was right
In his conclusions, and so nothing was left
for US to do but to wait for the meeting of
the legislature. When that body met, in 1885,
bill was drawn and passed remedying this
defect. or all these matters Judge Wilson
was fully inform ed by Mr.. Egan in my pres
encs. Before steps could be taken under
this amendment to get this company into
court the decision OF the supreme court was
rendered, In the Hem epin county case, hold
Ing the instrument sought to be taxed IN
Ramsey county as mortgage to be, In fact,
conveyance transferring the land. and not
a mortgage. On the rendition of that decis.
ion was consulted by Mr.. Egan as to the
course to be pursued. We both agreed that
that decision was decisive of the Ramsey
county cases; put l emphatically and decid-
eddy refused to advise dismissal, saying to
Mr.. Egan that If such a course was taken
the honorable gentleman from Winona would
question his motives and mine, and advised
a trial Of the cases. One Of the cases was
tried, as appears from Gen. Coles letter., and
also from the following decision made by
Judge Brill, and on file in the clerks ONCE. 1
was not present at the time, neither was
represented by any one.
District Court, Ramsey County-In the mat
ter of the assessment and taxation of certain
property. tor the year 1883, by the auditor of
Minnesota Railway Construction company.
The Minnesota Railway Construction COM
pany above named, having duly appeared and
the above entitled matter and interposed by
answer, duly filed its defense to the taxes
sought to be enforced IN and by this proceed
of Ramsey against the said company for the
year 1883, upon the bond and mortgage men,
toned In the said answer, the matter came on
ead
and Gordon E. Cole and Horace H. Bigelow
appearing for and In behalf Of said company;
and now. after such trial and due considers
strument eought to be taxed in this proceed
tng,as bond and mortgage, were not at the time
OF the assessment of said taxes, nor at any
that the said taxes are therefore void, and
they are hereby vacated and set aside, and
that this proceeding be and the same is here
HR. BRILL, Judge.
man or common ordinary understanding
would know that Judge Brill could not have
held otherwise than he did, in view Of the de-
cision Of the supreme court.
II 81, 0OO, 900 was sacrificed by this DISPOSE
ton of these cases, $3.50, 1850 of it belonged to
Ramsey county, and did not represent or
pretend to represent. the interests Of that
county. This the gentleman knew when he
wrote his letter. 1t would be an act of sup
To- tho<< ho
man could hardly convince your readers that
Judge Egan, by any act OF omission or com.
mission on his part, would permit such vast
interests of his county to be in any way
jeOpardized.
An examination of the files in these cases
which common decency would have suggest
ed, should have been made before writing
letter, the evident purpose OF which was to
besmirch not only my character but, Indirect
~ and more seriously, the character of your
county attorney-would have shown that
did not appear in the cases at all, and further,
that they were only dismissed after trial on
the merits.
1t is needless to add that had nothing to
do with the bill he refers to, although his let
ter is written in way to leave the impress
sion that was also in some way responsible
for that. 1t was passed after the expiration
of my term of office.
"who steals my purse steals trash
But he that tilches from me my good name
KObs me of that which not enriches him
Bat makes me poor indeed
For common, ordinary thief, under some
circumstances, one may have pity and COM
miseration. But man occupying promi-
nent place in society, who uses his position,
and the respect which many people have for
him, to endeavor, deliberately and malicious
". to filch the good name Of another-espeoi-
ally when he knows there 10 no basis whatev-
or for doing so-is only deserving of the con.
tempt and detestation of all honorable men.
IF. W. J. HAHN.
Minneapolis, Aug. ~. ,.a &c.. f. 3: =
; ,.-. -5s- = 'r. " .Es&~+s
s~ Letter OF Gordon r. Cole.
To the Editor Of the Globe. " = "a. W. .>g..ss
Your readers will remember the great plea
OF sergt. Busfuz in the celebrated case Of
uordoll D1ok,u3olr Mr. piolryvInk hoinrp